ROMANIAN TRADEMARKS · DISTRIBUTOR EXIT · BRAND ENFORCEMENT

In brief: When a Romanian distributor keeps using your brand after the relationship ends, review the contract, trademark record and actual use of the sign together.

Preserve current advertisements, website pages, marketplace listings and social accounts before asking for changes.

Check the end of the appointment and any trademark permission, the stock and marketing terms, and whether genuine goods were first marketed in the EEA with the owner’s consent.

A foreign supplier may terminate its Romanian distribution agreement and still find the former distributor’s website calling itself the “official” Romanian partner.

Its logo may remain on a shopfront, product pages or paid advertisements; a local domain may still lead customers to the former distributor.

The first decision is not simply whether the brand appears somewhere online.

It is what the former distributor is doing with the sign, under what permission, in relation to which products, and what a Romanian customer would understand from the presentation.

This guide addresses that post-termination review for a supplier or trademark owner; the negotiation of brand clauses before appointment is covered in our Romanian distribution agreement guide.

Start with the exit documents

Establish when the appointment and trademark permission ended before deciding which uses to challenge.

Collect the signed distribution agreement, amendments, trademark licence or brand guidelines, termination notice, proof of delivery, correspondence about the effective date, and any agreed sell-off arrangement.

Read the provisions on use of names and logos, approved marketing, domains, social media, customer-facing descriptions, return or sale of remaining stock, and removal of signage.

A distribution agreement may grant a limited permission to promote the supplier’s products without transferring ownership of the trademark.

That permission may end with the appointment, continue briefly for a specified stock clearance, or be governed by a separate licence.

Do not assume that every obligation ends on the same day: a notice period, disputed termination, survival clause or written transition arrangement may change the analysis.

Where the validity or timing of the contractual exit is disputed, our guide to ending a supplier contract early in Romania explains the separate notice and close-out review.

Check which legal entity owns the trademark and which entity signed the distribution agreement.

If they differ, identify who granted the permission and who can enforce each contractual or trademark right.

Record the use before it disappears

Evidence file	What to preserve	What it helps establish
Contract and exit	Agreement, licence, brand rules, notices, delivery evidence, exit correspondence and stock terms.	The scope and end of permission, plus any transition obligations.
Trademark rights	Registration, owner, protected sign, goods and services, territory, renewal and licence records.	Who can assert the right and against which use.
Current brand use	Dated pages and URLs, advertisements, listings, domain and social profiles, signage and customer-facing claims.	The exact presentation customers encounter after exit.
Stock and impact	Invoices, supply-chain records, samples, customer enquiries, complaints and diverted leads.	Provenance, possible confusion and any claimed loss.

For online material, retain the full page, URL, capture date, seller identity and relevant checkout or contact path; a cropped logo alone may lose the context that matters.

Keep copies of paid advertisements and marketplace profiles, where the visible wording and the advertiser’s identity may differ from a normal product listing.

For a valuable or contested claim, consider a bailiff’s report recording a transient state of affairs under Article 364 of the Romanian Code of Civil Procedure, where its conditions are met, or a court application to secure evidence under Articles 359 et seq.

The method must fit the evidence: a dated capture of a public page, a physical shop sign and information held by a platform raise different practical questions.

Avoid accessing accounts or customer databases without authority while gathering evidence.

Separate the different kinds of brand use

Observed conduct	Question to resolve	Useful document
“Official distributor” claim	Does it imply that the appointment still exists?	Exit notice and dated page or advertisement.
Logo on a website or shopfront	Is the sign used as a badge of continuing affiliation or only to identify genuine goods?	Brand licence, full page or signage photograph.
Sale of remaining genuine stock	Where and with whose consent were the goods first put on the EEA market?	Invoices, supply chain and stock records.
Domain or social account	Who registered and controls it, and what does its presentation tell customers?	Registration, account history and contract clauses.
Newly branded or altered goods	Are the products authentic, changed, repackaged or sourced outside the EEA?	Samples, provenance and product records.

Article 39 of Romanian Trademark Law no. 84/1998, as republished, on the Legislative Portal confers exclusive rights and allows the proprietor to seek a court order prohibiting specified unauthorised use in trade, including use on goods, commercial documents and advertising.

For an EU trademark, Article 9 of Regulation (EU) 2017/1001 on EUR-Lex provides the corresponding EU framework.

Registration of a trademark does not automatically prove infringement; the protected sign, goods or services, alleged use and any available defence still need examination.

A past commercial relationship does not itself prove a present licence, but a logo on a page does not by itself establish that every use is unlawful.

The sign, goods, territory, actual presentation and scope of consent need to be compared.

Can the former distributor sell its remaining stock?

Separate the sale of genuine stock from a claim that the distributor still officially represents the brand.

Often the important distinction is between selling genuine products and representing oneself as a current authorised distributor.

Under Article 44 of the Romanian Trademark Law, the owner’s rights are generally exhausted for goods placed on the market in the EU or EEA under the mark by the owner or with its consent.

Article 15 of the EU Trademark Regulation contains the EEA exhaustion rule for EU trademarks.

Both regimes preserve the owner’s ability to oppose further commercialisation where legitimate reasons exist, particularly if the goods’ condition has been changed or impaired.

Goods first placed on the market outside the EEA are not covered by EEA exhaustion merely because they are genuine.

Check where the first EEA marketing occurred and whether it was by the owner or with consent attributable to the owner; a distributor’s purchase invoice alone may not prove that consent.

Separately, the distribution contract may regulate returns, a sell-off period or payments between the parties.

A contractual disagreement about those terms should not be presented automatically as trademark counterfeiting.

Nor does exhaustion necessarily authorise advertising that falsely suggests an ongoing official relationship.

What about identifying genuine products?

Article 45 of the Romanian law lists uses that the trademark owner cannot prohibit, including a necessary reference identifying the owner’s goods or services and certain descriptive indications, provided the use accords with honest industrial or commercial practices.

Article 14 of the EU Trademark Regulation sets out corresponding limits for EU trademarks.

A former distributor might therefore need to name a genuine product in a listing, while having no right to maintain an “exclusive Romanian representative” claim after that role ends.

Where a separate licence governs brand use, review its scope and end date; our guide to intellectual-property licensing agreements in Romania covers the broader licensing framework.

The assessment is contextual: prominence of the logo, domain name, layout, statements of affiliation and the customer’s likely impression all matter.

When an “official distributor” claim is misleading

A former distributor may keep selling genuine goods while telling customers that it is still the brand’s authorised Romanian representative.

Those are different questions: the first concerns the products and the conditions of resale; the second concerns the truth of a current commercial claim.

Even without a prominent logo, wording such as “official distributor”, “exclusive representative” or “authorised partner” can suggest an appointment that has ended.

Compare the exact claim with the effective termination date, any agreed transition wording, the full advertisement and the likely audience.

Under Romanian Unfair Competition Law no. 11/1991, a commercial practice contrary to honest usages and good faith that causes or may cause harm to market participants may warrant a separate assessment.

Law no. 158/2008 on misleading and comparative advertising may also matter when a trader’s advertisement misstates its status or commercial relationship.

If the message is directed at consumers, Law no. 363/2007 on unfair business-to-consumer practices can require an additional, distinct analysis of whether the presentation could affect a consumer’s transactional decision.

These regimes have different elements and routes; an inaccurate statement does not automatically establish every cause of action.

Trademark, contract and unfair-competition arguments may arise from the same campaign, but each should be tied to its own facts and remedy.

For example, the contract might require removal of marketing materials and correction of account descriptions even if a trademark infringement claim is uncertain.

Conversely, a former distributor’s truthful identification of genuine stock is not made unlawful simply because the supplier prefers another sales channel.

The Court of Justice’s decisions in Dior v Evora (C-337/95) and BMW v Deenik (C-63/97) help explain why advertising genuine goods may be permissible while a false impression of a commercial connection remains problematic.

These cases do not decide the Romanian dispute by themselves; the particular mark, wording, stock provenance and post-exit agreement still control the assessment.

Preserve the full claim and its context. A false statement of current affiliation may need a different legal response from a truthful product listing.

Choose a response that matches the evidence

Define the requested changes. Identify the exact pages, ads, signs, accounts or claims to remove or correct; separate them from any legitimate identification of genuine stock.
Send a focused notice. Refer to the applicable contract terms and legal rights, attach representative examples, request that relevant records and evidence be preserved, and specify a reasonable response route. A private request alone does not impose a general duty to retain every record.
Address platform and account control. Where justified, use the marketplace, advertising platform, domain or social account process with accurate proof of ownership and the relevant pages.
Assess court measures. If use continues or evidence may be lost, counsel can evaluate interim relief, evidence preservation and the appropriate contractual, trademark or unfair-competition claim. Damages require the applicable legal conditions and proof; they are not automatic.

Before demanding removal: check stock provenance, any agreed sell-off period and the precise wording of the disputed advertisement.

The remedy should address the use that the evidence and rights actually support.

Emergency Ordinance no. 100/2005 on the Romanian Legislative Portal, which implements Directive 2004/48/EC on intellectual-property enforcement, provides measures concerning evidence, information, provisional relief and damages, subject to their legal conditions and the court’s assessment.

For EU trademark litigation falling within the jurisdiction assigned to EU trademark courts, Article 91 of the republished Romanian Trademark Law designates the Bucharest Tribunal as the court of first instance; jurisdiction in a particular case still requires review.

A demand should avoid claiming ownership of a domain or social account merely because it contains the brand; registration history and contractual allocation still matter.

It should also avoid demanding that all genuine stock be destroyed without first examining provenance, exhaustion and the contractual stock terms.

If a mark was registered in an agent’s or representative’s own name without the owner’s consent, Article 42 of the republished Romanian Trademark Law contains a special rule, subject to its statutory conditions and any justification for the registration.

For EU trademarks, the EU Trademark Regulation also contains specific rules addressing registrations made by agents or representatives without the proprietor’s consent; the relationship and registration need separate analysis.

What if the former distributor controls a .ro domain?

Check who registered the name, the contractual rules on domains and accounts, and how the site is presented to customers.

For a .ro name, RoTLD’s domain-dispute policy provides an alternative dispute route through approved providers, including WIPO and FORUM, alongside judicial proceedings.

The policy requires more than showing a similar trademark: the complainant must establish the relevant prior right and address the registrant’s legitimate interest and abusive or speculative registration or use under the applicable rules.

Other domain extensions may follow different procedures, so identify the extension before choosing a route.

What should a lawyer review?

A focused review can produce an evidence map, identify the owner and scope of the relevant rights, classify each disputed use, and draft a notice tailored to the contract and the marketing actually visible in Romania.

It should also identify any urgent evidence issue, stock or customer transition dispute, and the practical route for a domain, platform listing or court application.

Practical result: a focused review identifies the disputed use, the rights and contract terms that apply, and the evidence needed for a proportionate notice or court application.

Brand-use review after a Romanian distribution agreement ends

Atrium Romanian Lawyers can review the exit documents, trademark rights and current marketing, then prepare a targeted response to the former distributor.

Send the agreement, termination notice, trademark details and links or screenshots of the current use.

Request a brand-use review Explore intellectual property support

Frequently asked questions

Does termination automatically make every use of our trademark unlawful?

No. Review the effective end of permission, the form of each use, genuine stock, exhaustion and any applicable honest reference to the products.

Can a former distributor sell genuine stock after termination?

It may be able to sell goods first placed on the EEA market by the owner or with consent, subject to legitimate reasons to oppose further sale and any separate contractual dispute about stock.

Can it still call itself our official distributor?

A continuing “official” claim may mislead customers if the appointment has ended. Preserve the precise wording and context, then compare them with the exit documents.

What if the distributor controls a domain containing our brand?

Review the registration, contract and use of the site. For a .ro domain, RoTLD provides an alternative dispute procedure and court proceedings remain available. Trademark ownership alone does not transfer technical control automatically.

Should we send a cease-and-desist letter first?

A focused notice is often useful, but preserve evidence and check the rights, stock provenance and contract first. Urgent court measures may need separate consideration where appropriate.

Disclaimer: This article provides general information about post-termination distribution and trademark use in Romania and is not legal advice for a particular dispute.

The contract, rights, stock provenance and evidence should be checked for the specific circumstances.

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Law office desk with a trademark file and classical Bucharest architecture in the background. Text reads “Trademark Opposition Before OSIM.”

3Nov

Trademark Opposition Before OSIM: An Applicant’s Response Plan

by Simona Rotaru Intellectual Property Law

Romanian trademarks · OSIM opposition · Applicant-side counsel

Your Romanian trademark application has passed examination, but the proprietor of an earlier right has opposed it before OSIM.

The brand may already be on packaging, in a launch campaign or tied to a distribution deal. The next decision is commercial as well as legal: defend the filing, narrow it, negotiate a workable arrangement or change course before more money is committed.

In brief: An opposition is a challenge based on earlier rights, not a final refusal or an automatic finding of infringement.

The applicant should identify the opponent’s actual right, the goods and services in conflict, the procedural stage and the evidence needed before making a concession.

A focused response can preserve a viable filing while protecting the brand’s real market plans.

This guide is for companies and founders who have received an opposition to a trademark application at the Romanian State Office for Inventions and Trademarks (OSIM).

It addresses the applicant’s choices after an opposition, including proof of use, settlement and the next contested step.

If OSIM itself has raised an examination objection, the procedure and response are different. See our guide to an OSIM trademark refusal for that route.

What does the opposition actually threaten?

The opposition identifies a claimed obstacle to registration, not necessarily to every product or service in the application.

The filing, earlier right and overlapping commercial activity must be compared together.

Under Article 26(1) of Romanian Trademark Law no. 84/1998, in its current republication, an interested person may oppose a trademark application on the relative grounds in Article 6 within two months after publication of the application’s acceptance.

That publication event matters. It should not be confused with the earlier publication of the application or with the date on which your company first learned of a competitor’s objection.

Article 6 includes conflicts involving identical signs for identical goods or services, and cases where the similarity of signs and goods or services creates a likelihood of confusion, including association.

Earlier rights can include Romanian marks, EU trade marks and international registrations effective in Romania. An opposition based on an earlier mark with a reputation or another earlier right may call for a different analysis.

A familiar-looking logo is therefore only part of the question. The protected sign, filing and priority dates, exact product and service descriptions, market use and legal ground asserted all matter.

Ask whether the opponent targets the entire application or only a subset of goods and services. A partial conflict may support a proportionate limitation, but the business must understand what that limitation would remove from its expansion plans.

Opposition is also separate from an infringement claim over existing use. A registration dispute may reveal a wider commercial risk, yet an OSIM decision on the application does not by itself resolve every potential market-use dispute.

Before changing packaging or offering to withdraw the filing, counsel should examine both the registration position and the practical cost of continuing to use the brand.

Which notice have you received, and what is due next?

The first OSIM notification starts a settlement stage; it is not the same as the later invitation to answer the opponent’s evidence.

Calendar the deadline from the actual document received.

Article 27 of Law no. 84/1998 provides a two-month period after OSIM notifies the applicant of an opposition for the parties to explore an amicable resolution.

The parties may jointly request an extension for an expressly stated period of no more than three months. Under the consolidated implementing regulation, that joint request must be filed with OSIM before the original two-month period expires. An informal conversation or unilateral request does not extend the stage.

If no agreement is reached, OSIM gives the opponent 30 days to file supporting arguments and evidence.

OSIM then communicates those submissions to the applicant and gives the applicant 30 days to state its position. Under the implementing regulation, a request for proof of genuine use must be filed with OSIM no later than the date on which that period expires. A separate opportunity to comment follows if proof-of-use evidence is communicated.

Failing to submit a position does not automatically admit the opponent’s case, but Article 27 permits OSIM to decide on the material in the file. Silence may leave a factual assertion or an avoidable distinction unanswered.

For a company handling the opposition internally, the immediate administrative task is simple: retain every OSIM notice and its proof of service, record the date and identify which stage the document concerns.

Do not work from an assumed “30 days from the first opposition email.” The applicant’s substantive response period is tied to OSIM’s later communication of the opponent’s submissions.

Under Article 15(2), an authorised representative, such as a lawyer or industrial property attorney, is mandatory if the applicant has no domicile, seat or real and effective industrial or commercial establishment in the EU or EEA, except for filing the trademark application itself.

Where should the first legal review focus?

Choose the issue closest to the document or business decision in front of you.

Rights comparison

Review the precise earlier registration, priority, signs and contested goods or services against the applicant’s present and planned activity.

The output should show what can be defended, what may be narrowed and what wider market-use exposure needs separate advice.

Proof-of-use decision

Check whether the earlier mark meets the statutory five-year condition and file any request with OSIM no later than the date on which the applicant’s 30-day period for its position expires.

Assess the evidence if produced and whether proven use supports every good or service the opponent relies on.

Settlement position

Define acceptable product, channel, territory and presentation boundaries before making a proposal.

Any agreement should address the opposition’s disposal and the parties’ future conduct, not merely an email saying they are comfortable with the current launch.

This selector identifies an instruction for counsel; it does not predict OSIM’s decision.

How strong is the earlier-right claim?

Compare the claim as pleaded, not the opponent’s brand reputation in the abstract.

A strong commercial competitor may have a narrow registration; a less visible earlier mark may still pose a real obstacle for the goods in question.

Obtain the opposition, the earlier registration or application details and any documents cited in support. Confirm the proprietor of each asserted right and the dates on which those rights take effect in Romania.

Cross-check the records through OSIM’s national trademark search resources, EUIPO’s TMview guidance and WIPO’s international registration search where relevant, rather than relying only on the opponent’s exhibits.

Compare the word and figurative elements in the forms actually filed. A small typographic adjustment does not necessarily resolve a conflict, while an apparently shared word may be weak or used in meaningfully different contexts.

Goods and services are not interchangeable simply because they sit in the same Nice class. The wording, nature, purpose, users, channels and possible commercial connection need an assessment on the actual products.

The company’s own materials can help explain its intended use, but a registration application is assessed against its specified goods and services. A very broad specification can create an overlap that the present business never intended. This is also a reason to revisit the company’s trademark filing and protection strategy.

Where the opponent invokes reputation, the factual showing and the statutory theory require attention beyond an ordinary side-by-side comparison of two labels.

Ask what outcome the opponent seeks: refusal for all goods, refusal for identified categories, or leverage for a coexistence agreement. That distinction helps management set a sensible budget for the defence.

A legal opinion at this stage can be short and decision-oriented: likelihood of success on the pleaded grounds, evidence gaps, commercially viable limitations and the risks of continuing to launch under the sign.

Can you ask the opponent to prove genuine use?

Potentially, for a qualifying earlier registered mark that has been registered for at least five years before the opposed application’s filing or priority date.

This is a targeted procedural tool, not an automatic answer to every opposition.

Article 26(4)–(5) of Law no. 84/1998 allows the applicant, in the stated circumstances, to request evidence of genuine use of the earlier mark for the goods or services relied on during the five years preceding the opposed application’s filing or priority date, or a proper reason for non-use. The earlier mark must have been registered at least five years before that filing or priority date.

The implementing regulation measures that five-year period from completion of the earlier mark’s registration procedure. It provides a separate starting point for international registrations: the date from which the mark can no longer be refused or opposed.

The request must be filed with OSIM no later than the date on which the applicant’s 30-day period to state its position under Article 27(3) expires. A later request risks losing this procedural option.

OSIM then gives the opponent a period of up to two months after notification to provide the material. If the required proof is absent, the opposition is rejected to the extent it relies on that earlier mark; any other pleaded rights need their own assessment.

If use is established for only some goods or services, the earlier mark is treated for the opposition as covering that proven part. The remaining comparison may be much narrower than the register entry initially suggested.

An EU trade mark relied on as an earlier right raises genuine-use questions under the applicable EU framework. The place, time, nature and extent of use should be assessed against the legal test for that right.

Do not ask for proof of use mechanically where the statutory age condition is not met or where the opponent relies on a different kind of earlier right. It may waste attention needed for the strongest defence.

Equally, do not concede a broad specification merely because the opponent supplied a few invoices. Those invoices must be connected to the sign, the relevant period and the specific goods or services that matter to the opposition.

Preserve your own evidence and instructions so that counsel can respond to the use material within the separate period triggered by OSIM’s communication.

Should you narrow the application or negotiate coexistence?

A limitation can resolve a real overlap, but only if it leaves the company with meaningful protection for its business.

A commercial agreement needs clear future boundaries and an agreed procedural step at OSIM.

Article 30 permits the applicant to withdraw the application or limit the listed goods and services during the procedure. It does not turn a substantial alteration of the sign or an expanded specification into a simple amendment of the existing filing.

Limitation is different from dividing an application. Article 17(5) restricts division that would separate contested goods or services while the opposition remains pending.

Consider a limitation where the challenged goods are genuinely peripheral, the intended launch fits within a narrower description and the change does not invite a later dispute over what the parties meant.

Before proposing it, check the product roadmap, planned licensing, online channels and countries where the brand will be used. A small concession on paper may eliminate the class of service a buyer or investor expects to see protected.

A coexistence discussion might address the form of the mark, field of use, customers, channels, packaging and future filings. It may also require a practical position on existing inventory and a timetable for any transition.

Article 6(4) recognises the consent of the proprietor of certain earlier rights to the later registration. The opponent’s withdrawal or consent should be documented in terms that actually solve the OSIM opposition; Article 32(2) also addresses the conclusion of the registration procedure after withdrawal or a final opposition decision.

Under the implementing regulation, an agreement followed during the amicable period by withdrawal of the opposition or application, or by limitation to goods or services outside the opposition, can lead the OSIM opposition commission to record the end of the opposition procedure in a decision.

Separate contractual promises about future use and enforcement require precise drafting and appropriate parties.

An agreement about this Romanian filing should not be assumed to settle EU trade mark, domain-name, unfair-competition or infringement issues unless those matters are expressly considered.

Negotiation may be valuable during the statutory amicable period, but it should be driven by a prepared fallback position. Otherwise the brand owner may overpay for a concession that the opposition evidence cannot support.

What should the applicant’s response contain?

A useful response addresses each pleaded right and contested good or service with the relevant facts and law.

It should make the requested result easy for OSIM to identify.

The submission normally begins by defining the application, opponent, earlier rights and scope of the opposition. It should then answer the legal grounds actually invoked rather than repeat general claims that the brand is original.

Where similarity or confusion is disputed, counsel can address the distinctive elements of the signs, the relevant goods or services and how the asserted conflict is said to arise.

Where a genuine-use request is available, identify the qualifying right and evaluate any evidence OSIM has communicated. If the case turns on a limitation, ensure the proposed goods and services can be clearly understood and implemented.

Supporting documents might include the relevant commercial chronology, a dated product description, evidence tied to the opponent’s asserted use or material needed to explain a settlement. The submission should not become a large archive without a point.

Internal emails and marketing plans can contain admissions or sensitive commercial information. Decide what is needed for the record, what requires context and what belongs in a separate negotiation.

The applicant should coordinate the filing position with its launch team. A response claiming two brands operate in distinct markets is weakened if the live website presents the products as direct substitutes.

There is no single template that protects every applicant. The useful deliverable is a coherent position that management can apply to registration, market use and a potential settlement.

What happens if OSIM rules against the application?

A reasoned OSIM opposition decision is not necessarily the last procedural step.

Assess the decision, the goods affected and the communication date before choosing an appeal or a new filing.

Under the opposition and challenge provisions of Law no. 84/1998, the reasoned decision on the opposition may be challenged at OSIM within 30 days of communication, subject to the prescribed fee. OSIM’s commission for challenges (Comisia de contestații) hears that first contestation.

The commission’s decision may then be challenged before the Bucharest Tribunal within 30 days of communication. The tribunal’s judgment is subject only to appeal before the Bucharest Court of Appeal.

The implementing regulation excludes its ordinary deadline-restoration mechanism for a contestation before the OSIM commission.

The proper strategy depends on why the application lost. A missing evidentiary point may justify one course; a specification that is too broad or a mark that has become commercially unsuitable may justify another.

Check whether the refusal affects the entire filing or particular goods and services, and whether a new application would preserve what the company actually needs. A new filing has its own date and cannot be treated as a cost-free correction of the first one.

Appealing the registration outcome also does not suspend every brand-launch risk. Separate advice may be needed if the opponent alleges infringement or asks commercial partners to stop selling the goods.

Keep the formal decision and proof of communication. A consultation request to a lawyer does not itself preserve an OSIM or court deadline.

When is applicant-side counsel worth instructing?

Instruct counsel before a substantive concession, a response deadline or a launch decision that will be difficult to unwind.

The first assignment can be a scoped opposition assessment rather than an open-ended dispute mandate.

The cost of a disputed registration is often small compared with a packaging change, cancelled distributor order, delayed financing or rebrand across several markets.

Atrium can review the opposition and cited rights, map the affected goods and services, assess whether proof of use should be requested, and advise on a response, limitation or negotiated resolution.

If the matter continues, representation can cover submissions before OSIM and the applicable challenge route, subject to an agreed scope of engagement.

For an initial review, send the full OSIM correspondence with proof of receipt, application number and specification, opponent’s documents, planned goods and markets, the brand’s current use and any communications with the proprietor of the earlier right.

Tell us about a product launch, distributor promise or existing stock. These facts may change the settlement range even where they do not decide OSIM’s legal test.

We advise the applicant in this scenario; any conflict check and engagement terms must be completed before representation. No particular OSIM decision or negotiated outcome can be guaranteed.

Request an applicant-side OSIM opposition review

Frequently asked questions

Does an OSIM opposition mean our trademark has been refused?

No. The proprietor of an earlier right has challenged the application on relative grounds, and OSIM will assess the parties’ positions under the opposition procedure.

It may affect all or only some goods and services, depending on the claim and decision.

How long do we have to respond to an opposition in Romania?

Article 27 first provides a two-month amicable period after OSIM notifies the applicant, with a possible joint extension within statutory limits.

If the case proceeds, OSIM communicates the opponent’s submissions and gives the applicant 30 days to state its position. Follow the specific notice and proof of service.

Can we make the opponent prove use of its earlier trademark?

Potentially. Article 26 permits a request for a qualifying earlier mark registered at least five years before the opposed application’s filing or priority date. For an earlier national mark, the implementing regulation looks to completion of its registration procedure when calculating that period.

The request must be filed with OSIM no later than the date on which the applicant’s 30-day period to state its position expires. The evidence concerns genuine use during the preceding five years or a justified reason for non-use.

Can we keep the brand if we remove some goods from our application?

Possibly. An applicant may limit the goods and services under Article 30, and a narrower filing may reduce or resolve a particular overlap.

Check that the remaining scope protects the actual business and that continuing market use does not raise a separate dispute.

Will a coexistence agreement automatically end the opposition?

No. The agreement should define the parties’ future rights and conduct, and the procedural disposal of the OSIM opposition should be expressly addressed.

Its effect on other countries, registrations or claims depends on the agreed scope.

Can we challenge an adverse OSIM opposition decision?

Yes. The first contestation goes to OSIM’s commission for challenges within 30 days of communication, with the prescribed fee. Its decision may then be challenged before the Bucharest Tribunal within a separate 30-day period.

The tribunal’s judgment is subject only to appeal before the Bucharest Court of Appeal. Have each decision and its communication date reviewed immediately.

Related trademark guidance

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Green TM symbol inside a transparent glass sphere, with a pencil-drawn path around an amber obstacle, illustrating OSIM trademark refusal in Romania.

17Oct

OSIM Trademark Refusal in Romania: Review the Notice and Response Options

by Simona Rotaru Intellectual Property Law

Intellectual property · Trademark examination · Romania

An OSIM trademark refusal in Romania can arrive when packaging, a website or a product launch is already under way.

Before changing the brand or sending a quick reply, establish exactly what the office has communicated, what it objects to and which procedural step remains available.

This guide is for businesses and foreign applicants responding to objections in a Romanian national trademark application.

It focuses on OSIM’s examination response and the next steps after refusal.

The legislative references below use Law no. 84/1998 as republished in Official Gazette no. 277 of 7 April 2026.

In this national procedure, “provisional refusal” refers to the examination objection notice called aviz de refuz provizoriu in Article 17¹(4) of the implementing regulation.

A third-party opposition, an EUIPO refusal and a Madrid-system notification need their own procedural assessment.

For the initial filing process, see our separate guide to registering a trademark in Romania.

Request a trademark refusal review Explore trademark legal services

What should you check first in the OSIM communication?

Identify the document and procedural stage before drafting the reply.

Collect every page and attachment, the envelope or electronic delivery record, the application number and earlier correspondence.

A screenshot of the first page can omit the objection’s reasoning, a request for documents or the relevant instructions.

Separate a request to correct missing application information from a provisional refusal following examination and from a reasoned refusal decision.

Record the issuing date and the evidence of communication separately.

Ask who received it: the applicant, an existing representative or an address previously designated for the proceedings.

Internal forwarding to a manager should not be treated as automatically starting a fresh period.

Then check whether the objection concerns the whole specification or particular goods or services.

Compare the communication with the actual filed wording and representation of the mark.

The name used in advertising may differ from the sign submitted to OSIM.

A response prepared for the marketing version can leave the filed application’s problem unanswered.

OSIM Refusal Response Navigator

Select the communication type, then confirm the ground, affected specification and applicant profile to organise a review brief.

Ground identified in the notice

Affected goods or services

Who is the applicant?

Answer the examination objection while the application is pending

A provisional refusal notice gives an opportunity to address OSIM’s examination grounds. Review each objection against the filed sign and goods or services, then decide whether arguments, evidence or an admissible restriction can help.

Map each objection to the goods or services it concerns.
Verify the response deadline and whether a timely extension request is needed.
Prepare a reasoned response with indexed evidence and a precise request.

Your response-file review

Confirm the communication type and details before choosing a response.

This navigator organises questions for review. It does not classify your actual notice, calculate deadlines, validate evidence or determine whether a response will succeed.

Which deadline applies to an examination response?

The examination response period and the challenge period are separate.

Under Article 17¹(4)–(5) of the implementing regulation, a provisional refusal invites a response within 30 days.

The procedure provides one additional 30-day period on request with the statutory fee; the request and payment evidence must be filed before the initial period expires under the applicable submission rules.

It does not provide automatic or successive rolling extensions.

Article 25(2) of Law no. 84/1998 is the corresponding statutory provision.

Under Article 8(1)–(4) of the implementing regulation, the period runs from receipt of the communication by the applicant or representative, as applicable, rather than simply from the notice’s issue date.

Day-based periods count calendar days, excluding the starting and expiry days; an expiry falling on a public holiday or non-working day moves to the end of the next working day.

For procedural documents sent by post, Article 8(4) treats handover to the post office before expiry as timely submission.

Keep proof of receipt and timely filing, and check the rules for the submission channel actually used.

Ask for a written deadline assessment tied to the actual communication and the applicable calculation rules.

Distinguish the last day for filing from the internal date for approving arguments, arranging translations and obtaining a mandate.

A notice period can be consumed quickly if the applicant and its records are in different countries.

Do not treat a telephone discussion, an informal request for clarification or a message saying that evidence will follow as an extension.

Confirm the proper submission route and preserve the filing acknowledgement.

If time is already short, send the complete notice for review immediately rather than waiting to assemble a perfect commercial history.

Under Article 17¹(6)–(8), a missing or unsuccessful response may lead to admission with a restricted specification or refusal, depending on the grounds and file.

If a response period has already been missed, obtain an urgent assessment of the procedural position and any available remedy.

Different communications require different review steps
Communication	Review first	Do not assume
Missing information or formal deficiency	The requested item, applicable provision, payment records and filing-date position.	That the provisional-refusal extension rule applies to every notice.
Provisional examination refusal	Each ground, affected goods or services, response period and any timely extension request.	That the application is already finally lost or extra time is automatic.
Communicated refusal decision	The reasons, communication evidence and administrative challenge requirements.	That another informal examiner reply replaces a challenge.
Commission decision after challenge	The operative decision, communication evidence and court-review route.	That the initial examination timetable controls this later stage.

This comparison is a reading aid, not a deadline calculator.

Review the complete document and applicable law before deciding what to file.

Why can the office object to the proposed mark?

Start with the exact ground cited in the notice.

Article 5 of the Trademark Law covers absolute refusal grounds, including lack of distinctiveness, customary or descriptive signs, deception and protected symbols.

The appropriate response depends on the ground and requested goods or services.

Third-party observations concern absolute grounds and do not make their author a party to examination, under Article 20.

An opposition based on relative grounds follows the separate Articles 26–28 opposition procedure.

For descriptive wording, examine what the expression communicates to the relevant customers in relation to the specified activity.

A term can describe a feature, intended purpose or geographic origin for one product while raising a different question for another.

Explain that relationship precisely; stating that the brand is important to the business does not address the examiner’s reasoning.

Read the sign as filed.

If the application contains both wording and graphical elements, identify what the overall presentation contributes to the argument.

An intention to introduce a distinctive design later does not supply a graphical element missing from the pending application.

Keep proposed future branding separate from the assessment of the existing file.

Do not reduce every refusal to a distinctiveness dispute.

An objection concerning a misleading claim, a protected designation or an official symbol requires a different analysis and potentially different evidence.

A response should address every outstanding ground, rather than concentrating on the easiest paragraph in the notice.

Will the company name, domain or foreign registration help?

Those records can provide context, but they do not settle Romanian trademark registrability.

OSIM’s trademark guidance distinguishes company-name and domain registration from trademark protection.

A name accepted for a company can still encounter a trademark objection.

If you have a foreign registration, give counsel the actual certificate or registry extract, the representation of the sign and its goods or services.

Identify whether the Romanian application concerns the same wording and scope.

Present the record as part of the factual background and assess its relevance to the particular ground; avoid presenting it as automatic approval for the Romanian file.

For brand teams, this distinction helps separate two decisions: whether to pursue the requested registration and whether to keep using the commercial name.

Launch expenditure, distributor commitments and domain ownership matter to the business choice, but should be set out in a separate commercial note alongside the legal arguments.

Can evidence of use support a distinctiveness argument?

Potentially, where the statutory route applies.

Article 5(2)–(3) allows acquired distinctiveness for Article 5(1)(b), (c) and (d): lack of distinctiveness, customary signs and descriptive signs.

The provisions cover distinctiveness acquired before filing and, under Article 5(3), after filing but before registration.

Its relevance and proof require a file-specific assessment; use does not cure every refusal ground.

That route does not cure the shape or characteristic exclusions in Article 5(1)(e), deception under (f), or public-order and morality objections under (m).

Build an evidence index explaining what each record demonstrates.

Useful material to assess may include dated packaging, catalogues, sales records, advertising campaigns, geographical distribution and reliable information about customer recognition.

These are potential evidence categories, not a statutory checklist or an assurance that a particular document will be sufficient.

For each item, identify the date, territory, goods or services, applicant or user of the sign and version of the mark shown.

Separate activity outside Romania from evidence relevant to the Romanian assessment.

Explain gaps rather than combining unrelated screenshots into a large attachment and expecting their significance to be obvious.

Trading under a name and showing that customers identify it as a commercial origin are different evidential questions.

A large turnover figure may need context, such as the products concerned and how the sign appeared to buyers.

Ask counsel to assess the argument before commissioning research or collecting sensitive business records at considerable cost.

Can narrowing the specification resolve the objection?

A restriction is worth assessing if it leaves useful commercial protection.

Article 30 permits restrictions and limited corrections, while substantial changes require a new application.

Review the proposed wording before filing it.

Under Article 7(2), an absolute refusal ground affecting only some goods or services leads to refusal for those goods or services.

Map the affected terms before treating an objection as covering the whole application.

Article 22 also addresses an OSIM-requested declaration disclaiming exclusivity in a nonessential nondistinctive element where its statutory conditions are met.

Such a declaration is not a universal cure for descriptive branding, and a voluntary declaration is disregarded where those conditions are absent, under Article 17¹(13).

Prepare a comparison showing the original specification, affected terms, proposed wording and business activities that would remain covered.

Avoid casually removing an entire class when the real issue concerns a narrower activity.

Conversely, do not retain broad wording merely because it was inexpensive to include if it keeps the objection unresolved.

Ask the operational team which products are already sold, which are about to launch and which are speculative future plans.

A restriction can be commercially sensible for one applicant and unacceptable for another.

The instruction should make those priorities visible before a representative submits wording that changes the protection sought.

A new name, a redesigned logo or an expanded goods list belongs in a separate filing assessment where the changes exceed the pending application’s limits.

Compare the new sign, scope, filing date, applicable priority position and fresh costs.

Refiling should never be described as automatically carrying forward the old application’s position.

How should the response be organised?

Use a reasoned response that answers the notice point by point.

Begin with the applicant and application identifiers, the communication being answered and a clear statement of the requested outcome.

Follow the examiner’s grounds in a consistent order so each argument can be connected to the relevant part of the file.

Separate legal analysis from evidence and commercial background.

Where the response proposes an admissible restriction, reproduce the exact revised specification and explain its relationship to the objection.

Where it relies on existing use, cross-reference the evidence index rather than repeating unsupported claims about reputation.

Check names, application numbers, the filed representation, dates, attachments, signatures and mandate details before submission.

Resolve language and translation needs early.

Retain the final submitted version, proof of payment where required and the acknowledgement of filing together, so a later review does not rely on an unsubmitted draft.

Use the builder below to distinguish records already available from questions still open.

Its output is a preliminary brief for counsel.

Marking an item documented does not establish its authenticity, legal relevance or sufficiency, and selecting a notice category does not classify the actual OSIM document.

Trademark Refusal File Builder

Mark the records available for review. “Documented” describes availability; it does not confirm legal sufficiency.

Selected communication: Provisional refusal.

OSIM notice and delivery

Complete communication, attachments and evidence of when it was received.

Application and filed sign

Application number, exact mark representation and filed specification.

Correspondence and payments

Earlier replies, examiner communications, fees and filing acknowledgements.

Available supporting evidence

Dated material relevant to the particular objection, if that argument is available.

Applicant and representation

Applicant identity, signatory capacity and any relevant mandate.

Commercial priorities

Essential products, launch plans, acceptable restrictions and alternative names.

0 of 6 review areas documented.

Records to examine

No area marked documented yet.

Questions still open

Which document was received, and when was it communicated?
Which sign and goods or services are actually under examination?
What has already been submitted, paid, accepted or left unresolved?
Which argument does each document support, for which goods and period?
Who may respond or challenge the decision for this applicant?
Which protection matters most, and what would narrowing or refiling change?

Selections remain on this page. This tool sends no documents to Atrium. A record marked outside scope still needs its applicability checked.

What changes after OSIM issues a refusal decision?

Review the decision as a new procedural step.

Article 106(1) provides a 30-day challenge to OSIM from communication, with the statutory fee.

Under Article 108(1), the commission’s decision can be challenged at the Bucharest Tribunal within 30 days of communication.

The Tribunal’s judgment may be challenged by an ordinary appeal to the Bucharest Court of Appeal.

Article 50 of the implementing regulation addresses the written Romanian-language challenge, grounds, signature, supporting documents, fee evidence and relevant mandate.

Check the applicable requirements against the file.

An informal disagreement with an examiner is not a substitute for preparing the appropriate challenge.

Compare the refusal’s reasons with the response actually filed.

Identify which arguments were considered, which points remain disputed and whether the application’s commercially essential scope can still be defended.

A challenge assessment should explain the available case and its evidential limits, together with the cost and commercial consequences of proceeding.

The OSIM Trademark Appeals Commission page publishes procedural information about its work.

Check the actual file and official communications for your case.

Public schedules do not replace communication evidence or establish that a filing deadline has been preserved.

What should foreign applicants and brand teams prepare?

Confirm the applicant and authorised representation before the deadline becomes urgent.

Under Article 15(2), representation is compulsory when the applicant has no domicile, registered office or effective and functioning industrial or commercial establishment in the EU or EEA, except for filing the registration application.

Law no. 30/2024 amended Article 3(j) so that an authorised representative includes a lawyer or an industrial-property adviser.

Under Article 6(2) of the implementing regulation, an unrepresented applicant without the relevant domicile, office or establishment in Romania must designate a correspondence address in Romania.

Check mandates, signatory authority, language and communication arrangements early.

Identify the legal entity that owns the application, even if a different group company markets the products.

Give counsel the entity’s accurate name and registration details, the person providing instructions and any existing representative.

Avoid parallel submissions by the marketing team, headquarters and a local adviser without an agreed lead for the file.

Assign internal responsibility for approving the response, obtaining records, paying confirmed fees and monitoring further communications.

A practical timetable should show dependencies and leave time for a final consistency check.

The legal route and evidence should be settled before arranging optional specialist work.

Check OSIM’s official trademark legislation and fee resources for the applicable charge and payment instructions.

Separate official fees from professional fees, translations and evidence preparation.

Under Article 7 of Government Ordinance no. 41/1998, Romanian natural and legal persons pay the statutory fees in lei, foreign natural and legal persons pay in euros, and fees jointly owed by Romanian and foreign applicants or holders are paid in euros.

Confirm the applicable payment currency and current OSIM instructions for the applicant before paying.

A fee table’s description should not be used by itself to determine a statutory response period.

Response Budget Planner

Enter your own quotes and confirmed fees in euros, using the same VAT basis throughout. Calculate a planning total once the proposed scope is clear.

Entered costs€0.00

Contingency€0.00

Planning total€0.00

No estimate calculated yet.

This planner uses euros only as a common budgeting unit and supplies no rates, exchange rates or official fees. Convert any lei-denominated estimate yourself using a stated planning rate. Confirm the actual payment currency and amount separately. Unknown costs left at zero are excluded. The total is not an Atrium quote or a prediction of litigation costs.

Illustrative scenario: descriptive wording and a planned launch

The situation.

A business applies for a word mark for products and associated services.

OSIM’s provisional refusal says the wording describes characteristics of some requested products.

The marketing team has already printed packaging and wants to answer by sending its company-name certificate.

The review.

Counsel compares the filed word mark, exact specification, cited grounds and delivery record.

The business identifies its essential products.

Available evidence is indexed, and possible restrictions are assessed alongside the argument on distinctiveness.

The company certificate is treated as background rather than proof that the objection has been overcome.

The next step.

The applicant chooses a supported response, an admissible restriction or a separately assessed new filing.

If a challenge later becomes necessary, the complete submission and communication record are available.

The commercial decision about continuing the launch is considered alongside the legal position.

This hypothetical scenario does not describe a verified Atrium mandate or predict an OSIM outcome.

How Atrium can assist with an OSIM refusal review

A defined review through our Romanian trademark legal services can connect the notice, procedural stage, filed sign and commercial priorities.

The scope may cover the objections, available arguments and evidence, an admissible specification change, a response or challenge, and the representation needed for submission.

Send the full communication and attachments, delivery evidence, application, goods or services list, earlier submissions and relevant payments.

Identify any known deadline immediately.

Add a short note explaining what the business needs to protect and whether alternative wording or a new design is commercially acceptable.

Sensitive records should follow an agreed sharing channel.

Sending a notice or using the contact form does not suspend or extend any procedural deadline.

Responsibility for a filing or deadline must be expressly agreed when Atrium accepts the engagement and confirms its scope.

Agree the scope and fee before work begins.

A useful work product is a document-specific assessment and an action sequence showing what the applicant, counsel and internal team each need to do.

A review cannot guarantee registration, success in a challenge or a particular completion date.

Frequently Asked Questions

Does an OSIM provisional refusal mean my application has already been finally rejected?

A provisional refusal notice invites an examination response.

Check its grounds and deadline before assuming the application is lost.

A subsequent refusal decision calls for a separate challenge assessment.

Can I request more time to answer a provisional refusal?

The examination procedure permits a further 30 days on request with payment of the statutory fee.

The extension request and proof of payment must be filed before the initial period expires, in accordance with the applicable submission and time-limit rules.

Keep evidence of timely submission.

Do not assume an informal email extends time.

Will an ONRC company name or domain registration overcome the objection?

Company-name and domain registrations serve different purposes.

They do not establish that the filed sign meets trademark registration requirements.

A response should address the actual examination ground and affected goods or services.

Can I replace my filed word mark with a new logo?

A substantial change to the filed mark requires a new application.

Assess any proposed correction against the statutory limits before submitting it.

A new logo may also protect a different sign from the wording originally requested.

Which documents should I send for a refusal review?

Send the full notice or decision, attachments, delivery evidence, application, exact filed sign, goods or services list, earlier correspondence and payments.

Add relevant dated evidence, applicant details and commercial priorities.

Is a third-party opposition the same as an examiner’s refusal notice?

No.

An opposition based on earlier rights has a separate procedure.

Check whether OSIM is communicating its examination objection, a third-party observation or an opposition before selecting the response route.

Does continuing to use the brand guarantee registration?

No.

Continued use does not guarantee registration or freedom from third-party claims.

Discuss the objection, any evidence-based argument and the separate risks of use before committing to further launch expenditure.

Review the notice before choosing the next move

Bring the complete OSIM communication, delivery evidence and application together first.

Atrium can assess the procedural stage, objections and response options against the protection your business needs, then define the documents and decisions required for the next step.

Request a trademark refusal review Explore trademark legal services

AI-assisted content.

26Feb

How to Register a Trademark in Romania 2025

by Simona Rotaru Intellectual Property Law

How to Register a Trademark in Romania 2025

Are you thinking about registering a trademark in Romania to safeguard your brand?

This process gives you exclusive rights to your trademark.

It also protects you from infringement and lets you license your trademark.

The law in Romania, as stated in Law No. 84/1998, allows for the registration of any sign that distinguishes your products or services from others.

Understanding the trademark registration process in Romania is key.

You can reach out to a lawyer in Romania at tel. no. (004) 0765366887 for help.

Registering your trademark in Romania protects your brand and intellectual property.

It also helps you grow your business with a secure trademark.

trademark in Romania

Introduction to Trademark Registration

Registering a trademark in Romania is vital for protecting your brand and intellectual property.

You need to submit an application to the Romanian State Office for Inventions and Trademarks (OSIM).

They check if your application meets the trademark law in Romania.

With a registered trademark, you can confidently protect your brand and expand your business.

Key Takeaways

Registering a trademark in Romania provides exclusive rights to use the trademark.
The trademark law in Romania allows for the registration of any sign capable of distinguishing products or services.
A lawyer in Romania can assist with the registration process.
The benefits of trademark registration in Romania include protection against infringement.
Registering a trademark in Romania is a critical step in safeguarding your company’s brand and intellectual property.
The Romanian trademark registration process involves submitting an application to the Romanian State Office for Inventions and Trademarks (OSIM).

Understanding Trademark Protection in Romania

In Romania, trademark protection is key.

The law says a trademark can be a word, symbol, or design.

It makes a product or service stand out from others.

Trademarks in Romania last 10 years and can be renewed every 10 years.

There are many types of trademarks in Romania.

These include national, international, and EU trademarks.

Here are some examples:

Verbal trademarks: words or phrases that identify a product or service;
Figurative trademarks: symbols, logos, or designs that identify a product or service;
Three-dimensional trademarks: shapes or designs that identify a product or service.

trademark protection in Romania

Applying for a trademark in Romania starts with a check by the State Office for Inventions and Trademarks (SOIT).

This check happens within six months after the first publication.

The length of protection and the variety of trademarks show how important they are for businesses.

Type of Trademark	Duration of Protection	Renewal Period
National Trademark	10 years from registration date	10 years
International Trademark	10 years from registration date	10 years
EU Trademark	10 years from registration date	10 years

Benefits of Registering a Trademark in Romania

Registering a trademark in Romania offers many advantages. It gives you exclusive rights to use the trademark.

It also protects you from infringement and lets you license the trademark to others.

The Romanian State Office for Inventions and Trademarks (OSIM) handles applications quickly, usually within 7 days.

Some of the key benefits of trademark registration in Romania include:

Exclusive rights to use the trademark;
Protection against infringement;
Ability to license the trademark to others;
Enhanced business development and market distinction.

The Romanian Law No. 84/1998 on Trademarks and Geographical Indications gives legal protection.

This helps prevent counterfeiting and ensures your rights are respected.

For businesses, trademark registration in Romania is key to building a strong brand.

trademark registration in Romania

Preparing for Your Trademark Application

Before you apply for a trademark in Romania, it’s key to know what you need.

The Romanian State Office for Inventions and Trademarks (OSIM) asks for a few things.

You’ll need a filled-out application form, a mark of your trademark, and a list of goods and services.

It’s also important to understand the trademark classification system.

This system helps place your trademark in the right category.

It’s a big part of making sure your trademark is registered and protected.

Key Documents Needed

Completed application form;
Representation of the trademark;
List of goods and services for which the trademark is to be registered.

Having the right documents and knowing the trademark system will help you.

It makes your trademark application strong.

This way, you can protect your brand and get your trademark registered.

Conducting a Trademark Search in Romania

Before you register a trademark in Romania, it’s key to do a deep search.

This step checks if your mark might clash with others, avoiding legal issues.

The Romanian State Office for Inventions and Trademarks (OSIM) offers tools and advice for this search.

You can search trademarks in Romania through the OSIM database or with a lawyer’s help.

This search usually takes about 2 hours.

It’s important to check if your trademark is free to avoid extra costs if it’s already taken.

Some important things to think about in a trademark search in Romania are:

Risks of already registered trademarks;
Infringement of a trademark is a crime;
Non-reimbursable fees if a trademark is already registered;
Free availability check option.

Doing a detailed trademark search in Romania helps make sure your application goes smoothly.

It also helps avoid problems with trademarks already in use.

It’s wise to talk to a lawyer in Bucharest or Romanian expert in intellectual property to help you through this process.

Trademark Type	Registration Cost	Renewal Cost
Verbal trademark	1,947 Lei	1,780 Lei
Black-and-white trademark	2,096 Lei	1,929 Lei
Color trademark	2,843 Lei	2,327 Lei

The Romanian Trademark Registration Process

Registering a trademark in Romania is a key step.

It involves several steps like filing an application and going through an examination period.

You can get more details from the Romanian State Office for Inventions and Trademarks (OSIM).

The first step is filing an application.

You need to submit a graphic of the trademark and details about it.

This includes the applicant’s information and a list of goods and services.

The application must be in Romanian and include fees for filing and publication.

Filing Your Application and Examination Period

After you file, your application will be published online within 7 days.

Then, the OSIM will examine it.

This can take up to 6 months if fees are paid on time.

The fee for an individual word mark is 547 lei, and for a figurative mark, it’s 696 lei.

The costs for trademark registration in Romania are as follows:

Filing fee for a trademark application: 50 lei;
Publication fee for black-and-white trademarks: 149 lei;
Publication fee for colored trademarks: 498 lei.

Publication and Opposition

After the examination, your application will be published.

You can receive feedback for 2 months.

If no one opposes, your trademark will be registered.

A certificate will be issued within 30 days, for a fee of 249 lei.

Costs and Timeframes for Trademark Registration

Understanding the costs and time needed for trademark registration in Romania is key.

The fees include the filing, examination, and registration costs.

The Romanian State Office for Inventions and Trademarks (OSIM) sets these fees.

For a word mark, it’s about €200. For a mark with a black-and-white logo, it’s €230.

And for a color logo, it’s €380.

The time it takes to register a trademark varies.

Generally, it could take 9 to 11 months.

This includes the time from filing to getting the registration certificate.

The application is first published for observation and then for opposition, each for two months.

Examination of trademark applications occurs within 7 days from the filing date.
The substantive examination decision is issued within 6 months from the publication date in the Official Bulletin.
The opposition period for third parties is 2 months from the second publication in the Official Bulletin.

Objections or formal issues can add 2 to 4 months.

Oppositions can add 6 to 12 months.

Knowing these costs and timeframes helps you prepare for the trademark registration in Romania.

Common Challenges and How to Overcome Them

When you try to register a trademark in Romania, you might face some common problems.

It’s important to know these challenges and how to deal with them.

The Romanian State Office for Inventions and Trademarks (OSIM) says these issues include application rejections, opposition handling, and administrative appeals.

To beat these challenges, get help from a lawyer in Romania who knows trademark law.

They can guide you and help solve any problems.

Also, make sure your trademark doesn’t step on anyone else’s toes by doing a deep search.

Make sure your trademark application is right and complete to avoid being rejected.
Do a thorough search of existing trademarks to avoid opposition handling.
Get advice from a Romanian lawyer to help with administrative appeals.

Knowing these common challenges and how to tackle them can help you succeed in trademark registration in Romania.

Stay updated and adjust to any changes in the process to make your application a success.

International Trademark Protection from Romania

If you own a trademark in Romania, you might want to protect it worldwide.

You can do this through the Madrid System or the European Union Trademark Extension.

The World Intellectual Property Organization (WIPO) helps trademark owners expand their protection across borders.

The Madrid System, as WIPO explains, lets trademark owners protect their marks in many countries.

You can file one application with the Romanian State Office for Inventions and Trademarks (OSIM).

This way, you can get protection in countries that are part of the Madrid System.

Protection of your trademark in multiple countries;
Increased brand recognition and credibility;
Prevention of unauthorized use of your trademark.

To get international trademark protection, you have a few choices:

Madrid System registration: This lets you file one application with OSIM. It extends your protection to countries in the Madrid System.
European Union Trademark Extension: This option gives you protection in all European Union member states.

It’s wise to talk to a lawyer in Romania.

They can help you choose the best option for your needs.

They also make sure you follow all the rules for international trademark protection.

Maintaining and Renewing Your Trademark in Romania

Keeping your trademark safe in Romania is key to its ongoing protection and value.

The Romanian State Office for Inventions and Trademarks (OSIM) says you need to renew every 10 years to keep it valid.

This renewal keeps your exclusive rights to the mark, helping you make the most of your investment and brand.

When it’s time to renew, you must apply six months before your current registration ends.

There’s a grace period of six months for late applications, but you’ll face an extra fee.

It’s important to keep track of this to avoid losing your trademark rights.

To maintain your trademark, you must use it in business in Romania.

Not using the mark can risk losing its protection.

Working with a trademark lawyer in Romania can make keeping your brand safe easier and more efficient.

FAQ

What is the process for registering a trademark in Romania?

To register a trademark in Romania, you need to apply to the Romanian State Office for Inventions and Trademarks (OSIM).

They check if your application meets the legal standards.

For help, you can reach out to a lawyer in Romania at tel. no. (004) 0765366887.

What are the benefits of registering a trademark in Romania?

Registering a trademark in Romania gives you exclusive rights to use it.

It also protects you from infringement and lets you license the trademark to others.

What types of trademarks are available in Romania?

Romania’s Law No. 84/1998 on Trademarks and Geographical Indications allows for different types.

These include verbal, figurative, and three-dimensional trademarks.

How long does a trademark registration last in Romania?

A trademark in Romania is protected for 10 years from registration.

It can be renewed for another 10 years.

What documentation is required for a trademark application in Romania?

To apply for a trademark in Romania, you need certain documents.

These include a completed application form, a trademark representation, and a list of goods and services.

How do I conduct a trademark search in Romania?

Searching for trademarks in Romania is key.

You can get more information on how to do this by contacting a lawyer in Romania.

What are the steps in the trademark registration process in Romania?

The process in Romania includes several steps.

These are filing an application, an examination period, publication and opposition, and getting a registration certificate.

What are the costs and timeframes for trademark registration in Romania?

The costs for trademark registration in Romania include filing, examination, and registration fees.

The timeframes vary based on application complexity. For more details, contact a lawyer in Romania.

What are some common challenges in trademark registration in Romania?

Challenges in Romania include application rejections, opposition handling, and administrative appeals.

A lawyer in Romania can help you navigate these issues.

How can I achieve international trademark protection from Romania?

You can get international protection through the Madrid System or the European Union Trademark Extension.

A lawyer in Romania can guide you on these options.

What is the process for maintaining and renewing a trademark in Romania?

To keep your trademark in Romania, use it in commerce and renew it every 10 years.

A lawyer in Bucharest, Romania can provide more information on this process.

Start with the exit documents

Record the use before it disappears

Separate the different kinds of brand use

Can the former distributor sell its remaining stock?

What about identifying genuine products?

When an “official distributor” claim is misleading

Choose a response that matches the evidence

What if the former distributor controls a .ro domain?

What should a lawyer review?

Brand-use review after a Romanian distribution agreement ends

Related guidance

Frequently asked questions

What does the opposition actually threaten?

Which notice have you received, and what is due next?

Where should the first legal review focus?

Rights comparison

Proof-of-use decision

Settlement position

How strong is the earlier-right claim?

Can you ask the opponent to prove genuine use?

Should you narrow the application or negotiate coexistence?

What should the applicant’s response contain?

What happens if OSIM rules against the application?

When is applicant-side counsel worth instructing?

Frequently asked questions

Related trademark guidance

What should you check first in the OSIM communication?

OSIM Refusal Response Navigator

Answer the examination objection while the application is pending

Your response-file review

Which deadline applies to an examination response?

Why can the office object to the proposed mark?

Will the company name, domain or foreign registration help?

Can evidence of use support a distinctiveness argument?

Can narrowing the specification resolve the objection?

How should the response be organised?

Trademark Refusal File Builder

Records to examine

Questions still open

What changes after OSIM issues a refusal decision?

What should foreign applicants and brand teams prepare?

Response Budget Planner

Illustrative scenario: descriptive wording and a planned launch

How Atrium can assist with an OSIM refusal review

Related Guides and Services

Trademark Registration Guide

Trademark Legal Services

Intellectual Property Services

Frequently Asked Questions

Review the notice before choosing the next move

How to Register a Trademark in Romania 2025

Introduction to Trademark Registration

Key Takeaways

Understanding Trademark Protection in Romania

Benefits of Registering a Trademark in Romania

Preparing for Your Trademark Application

Key Documents Needed

Conducting a Trademark Search in Romania

The Romanian Trademark Registration Process

Filing Your Application and Examination Period

Publication and Opposition

Costs and Timeframes for Trademark Registration

Common Challenges and How to Overcome Them

International Trademark Protection from Romania

Maintaining and Renewing Your Trademark in Romania

FAQ

What is the process for registering a trademark in Romania?

What are the benefits of registering a trademark in Romania?

What types of trademarks are available in Romania?

How long does a trademark registration last in Romania?

What documentation is required for a trademark application in Romania?

How do I conduct a trademark search in Romania?

What are the steps in the trademark registration process in Romania?

What are the costs and timeframes for trademark registration in Romania?

What are some common challenges in trademark registration in Romania?

How can I achieve international trademark protection from Romania?

What is the process for maintaining and renewing a trademark in Romania?